When the police fail to act on a complaint or refuse to register an FIR, the law offers a powerful remedy – filing a Complaint Case before the Magistrate under Section 210 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
This guide provides a step-by-step checklist to prepare your application effectively, ensuring no important detail is missed.
1. Complainant’s Personal Details
Before filing, you must clearly mention your personal information so the Magistrate can verify your identity:
- Full Name
- Father’s/Mother’s Name
- Age and Date of Birth
- Present Address (with PIN code)
- Permanent Address
- Contact Number
- Email ID
- Occupation
- Identification Proof (Aadhaar, Voter ID, PAN, etc.)
2. Jurisdiction Details
Jurisdiction determines whether the Magistrate can entertain your complaint. Ensure you mention:
- Name of the Police Station where the incident occurred
- Address/area of the offence
- District/City of Jurisdiction
- Whether the complaint is being filed where the accused resides or where the cause of action arose
3. Accused Person(s) Details
Accurate details about the accused are essential for issuing summons or warrants:
- Number of accused persons
- Full Name(s) of accused
- Age(s)
- Relationship with complainant (if any)
- Complete Address(es)
- Occupation(s) and workplace
4. Incident Details (Cause of Action)
Describe the incident clearly and chronologically. Include:
- Date(s) and time(s) of the incident(s)
- Place(s) of occurrence
- Complete narration of events in order
- Manner in which the offence was committed
- Possible motive or intention
- Any prior disputes, threats, or harassment
5. Alleged Offences
Specify the sections/offences involved, such as:
- Assault
- Criminal Intimidation
- Cheating
- Criminal Breach of Trust
- Defamation
- Forgery/Fraud
- House Trespass
- Outraging Modesty
- Offences under Special Laws (if applicable)
6. Evidence in Support
Strong evidence increases the chances of the Magistrate taking cognizance. Attach:
- Audio/Video recordings
- Photographs
- WhatsApp/SMS/Email screenshots
- Medical reports or injury certificates
- Fraud/Forgery documents
- Bank/financial transaction proofs
- Property papers
- Social media posts (defamatory/threatening)
- Copy of any police complaint
7. Witness Details
If you have witnesses, include:
- Names and relationship with complainant
- What they saw/heard/know
- Contact details
- Whether they are willing to testify
8. Police Action (If Any)
If police involvement has occurred earlier, mention:
- Whether a complaint was filed (attach copy)
- Whether FIR was registered (FIR number, police station)
- Actions taken by police
- Reasons for dissatisfaction with police action
- If police refused/dismissed/ignored the complaint
9. Purpose of Filing Before Magistrate
State why you are approaching the Magistrate:
- Request for cognizance under Section 210 BNSS
- Recording of the complainant’s statement
- Magistrate’s direction to police
- Issuance of summons to accused
- Request for inquiry/investigation
10. Reliefs Sought
Clearly list what you are asking from the court:
- Take cognizance and register the case
- Summon the accused
- Direct police to investigate
- Grant interim protection (if required)
- Issue warrants or search orders
11. Enclosures and Attachments
Always prepare a file with:
- Affidavit in support of complaint
- Index of documents
- List of witnesses
- Copies of prior complaints (police or authorities)
- Proof of residence
- ID proof
Practical Tips for Filing a Complaint Under Section 210 BNSS
- Write in clear and simple language without unnecessary legal jargon.
- Arrange facts in chronological order.
- Number and label all annexures for easy reference.
- Carry both original documents and photocopies to court.
- If unsure about legal drafting, consult a lawyer.
Conclusion
Section 210 BNSS provides a direct legal pathway for citizens to seek justice when police fail to act. By following this checklist, you can ensure that your complaint is complete, legally sound, and ready for the Magistrate’s consideration. A well-prepared case increases your chances of swift judicial intervention and fair investigation.